Appellate Division: Second Judicial Department

M296232

AFA/

COLLEEN D. DUFFY, J.P.

BETSY BARROS

LILLIAN WAN

CARL J. LANDICINO, JJ.

2022-06521 Wesco Insurance Company, etc., et al., plaintiffs-respondents, v JRS Realty Enterprises, LLC et al., defendants third-party plaintiffs-respondents, Mr. Demolition, Inc., et al., defendants-respondents; Cela Concrete Inc., third-party defendant-appellant, Certain Underwriters at Lloyd's, London, et al., third-party defendants-respondents. (Index No. 501724/2019)

DECISION & ORDER ON MOTION ,

Appeal from an order of the Supreme Court, Kings County, dated July 7, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before June 24, 2024, the appellant shall and serve the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., BARROS, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court